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that it has set forth on Exhibit A such rights previously granted to others prior to having granted to <br />Lessee the rights set forth herein. <br />Notwithstanding the foregoing or any other provision hereof, except to the extent <br />otherwise required by the underlying property documents, copies of which shall be furnished to <br />Lessee, prior to the parties execution of this Agreement, Lessor and Lessee shall exercise their <br />respective rights in the New Elk Facility so as not to interfere unreasonably with the rights of the <br />other parties to the extent such other rights shall have been disclosed to Lessee. With respect to <br />the New Elk Facility leased hereunder to Lessee and the foregoing provisions, except as set forth <br />herein regarding Lessee's rights to non-interference, Lessor has and does hereby reserve to itself <br />and excepts and reserves from this Agreement all rights excepted or reserved by any undedying <br />grantor, Lessor, assignor and any other party in the undertying property documents in addition to <br />the rights of Lessor provided for in this Agreement. Lessor shall exercise its best efforts to assure <br />non-interference by any other parties with Lessee's rights to use the Facility. <br />Lessee hereby accepts the lease of the New Elk Facility set forth herein and <br />agrees and binds itself and covenants to and with Lessor as follows: <br />1. Tenn. The term of this Agreement shall commence upon the date hereof and <br />shall continue for ten years (the "Initial Term"). Provided, however, the Initial Term of this <br />Agreement shall continue as long as Lessee is marketing coal by use of the New Elk Facility and <br />continues all minimum payments required under paragraph number 3 plus additional royalties <br />that may be due hereunder. <br />2. Consideration. Lessee agrees to pay to Lessor for the use of the New Elk <br />Facility, a rental (hereafter "Rental") equal to (I)' <br />or <br />of the Gross Sales Price per ton of 2,000 pounds of coal located on and sold from <br />the New Elk Facility to Goodland Energy Group, LLC, and (ii) for each and every ton of 2,000 <br />pounds of coal stored, handled, processed or loaded and sold at the New Elk Facility to <br />purchasers other than Goodland Energy Group, LLC, an amount equal to <br />per ton or of the Gross Sales Price, whichever is greater, and <br /> <br />2 <br /> <br />